Criminal Code

Marginal note:Unauthorized use of computer

• 342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,

  • (a) obtains, directly or indirectly, any computer service;

  • (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

  • (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or

  • (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).

• Marginal note:Definitions

  (2) In this section,

  computer data

  computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;  (données informatiques)

  computer password

  computer password means any computer data by which a computer service or computer system is capable of being obtained or used; (mot de passe)

  computer program

  computer program means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; (programme d’ordinateur)

  computer service

  computer service includes data processing and the storage or retrieval of computer data; (service d’ordinateur)

  computer system

  computer system means a device that, or a group of interconnected or related devices one or more of which,

  • (a) contains computer programs or other computer data, and

  • (b) by means of computer programs,

    • (i) performs logic and control, and

    • (ii) may perform any other function; (ordinateur)

  data

  data[Repealed, 2014, c. 31, s. 16]

  electro-magnetic, acoustic, mechanical or other device

  electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; (dispositif électromagnétique, acoustique, mécanique ou autre)

  function

  function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; (fonction)

  intercept

  intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; (intercepter)

  traffic

  traffic means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. (trafic)